FCC approves net neutrality rules

The Federal Communications Commission on Thursday approved draft rules designed to ensure Internet providers don’t block or slow traffic on their networks, over the fierce objections of the telecommunications industry.

The regulations would build on “open Internet” guidelines first endorsed by the FCC in 2005. The agency is now seeking public comment on the rules, which are likely to face legally challenges.

Julius Genachowski, chairman of the FCC, has championed the cause. He argues that instances of carriers obstructing online telephone services, degrading peer-to-peer file sharing and blocking access to political content threaten to stifle technical advances and compromise the free flow of information.

“The heart of the problem is that, taken together, we face the dangerous combination of an uncertain legal framework with ongoing as well as emerging challenges to a free and open Internet,” the Obama appointee said in prepared remarks before today’s vote. “Given the potentially huge consequences of having the open Internet diminished through inaction, the time is now to move forward with consideration of fair and reasonable rules of the road, rules that would be enforceable and implemented on a case-by-case basis.”

Telecom trade associations and free market groups have generally portrayed the rules as unnecessary government meddling with the potential to undermine investment and complicate the legitimate need to manage traffic, spam and malware.

Under the pending regulations, as stated in the FCC’s press release today, a provider of broadband Internet access service:

1. would not be allowed to prevent any of its users from sending or receiving the lawful content of the user’s choice over the Internet;

2. would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user’s choice;

3. would not be allowed to prevent any of its users from connecting to and using on its network the user’s choice of lawful devices that do not harm the network;

4. would not be allowed to deprive any of its users of the user’s entitlement to competition among network providers, application providers, service providers, and content providers;

5. would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and

6. would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.

Ed Black, president and CEO of the Computer & Communications Industry Association, issued the following statement:

Only recently have non-discrimination rules been muddied by court and regulatory decisions in anticipation of ISP competition that has not matured beyond duopoly. Fortunately, all of the FCC Commissioners agreed on the need to move forward with this healthy process to find the best balance among the goals of broadband investment, reasonable network management, innovation everywhere and reliable high quality end user Internet access upon which all users large and small have come to depend.